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Controlling Discretionary Power in Prison Organizations: A Review of the Model Act

Publication Title

Washington University Law Quarterly

Abstract

Review of administrative decision-making can be accomplished in a variety of ways. The primary method should be a provision for formal or informal review by superior officers within the administrative hierarchy. Superior officers, who are close to the decision-making process, can best provide day-to-day review. Additional methods include review by the courts and by other persons outside the prison system. External review is important because review by superiors, especially in a prison hierarchy, is influenced by the need to maintain organizational relationships, a factor which may not always facilitate fair and impartial review.

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